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1
Q

Rule 11 certifications

A

Attorney signs to best of knowledge, info, and belief that there’s a basis for claim

Must be warranted by existing law and evidentiary support. No improper purpose

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2
Q

Permissive joinder

A

1) Single trans/occ
2) Common q of fact/law

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3
Q

Compulsory joinder

A

Party needs to be joined or unfair

1) Necessary Party = impair interest
If can’t join bc jurisdiction, case may still proceed.

2) Indispensable Party = prejudice
If can’t join bc jurisdiction, case MUST be dismissed

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4
Q

Impleader

A

Allows D to add a nonparty who may be liable to D for all or part of P’s claim.

P may also assert a claim against 3P D, but only if court has SMJ or supplemental jurisdiction over the claim.

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5
Q

Permissive Intervention

A

1) Claim/defense has common q of law/fact

2) Court permission IS required

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6
Q

Interpleader

A

When a party owes something ($/prop) to 2+ people

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7
Q

Types of Class actions

A

Impairment of Interests/Prejudicial Risk, Final equitable Relief, Common Q

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8
Q

Class action certification, judgement, and settlement

A

Considers:

1) Size (numerosity)
2) Common Q (commonality)
3) Typical
4) Representation/Conflict (adequacy)

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9
Q

Request to produce

A

documents in other side’s possession, control, custody

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10
Q

Conference of parties

A

Court must have conference where parties submit discovery plan. Also mandatory scheduling conference “good cause” and final pretrial conference “manifest injustice”

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11
Q

Request to Admit

A

Must be written and conclusively established

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12
Q

Interrogatories

A

Only to a party (not nonparty). Must be written and answered in writing. Limited to 25.

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13
Q

Depositions

A

Party or non party, written or oral. Nonparty by subpeona, limit 10.

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14
Q

motions to compel

A

party not complying with discovery

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15
Q

Discovery sanctions

A

Court may order sanctions if one party has acted unreasonably. Start with minimal sanctions of fees/costs and work up to larger sanctions

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16
Q

Voluntary dismissal

A

When P voluntarily dismisses before answer or SJ. The first time is without prejudice

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17
Q

Default judgment

A

If a party fails to plead or defend, the clerk or court will enter default judgement.

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18
Q

Failure to state a claim

A
  • Even if facts are true, there’s no recovery
  • Insufficient facts
  • Dismissal with prejudice
  • May be raised before or at trial
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19
Q

Summary judgment

A

No genuine issue of material fact. Must be filed until 30 days after discover closes. Denial is NOT appealable. Burden is on moving party. Partial Judgement is allowed

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20
Q

Demand/Withdrawal for Jury

A

Demand for jury must be made within 14 days after service of last pleading. Demand may be withdrawn IF all parties consent.

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21
Q

7th Amendment

A

There must be at least 6 jurors and an unanimous verdict unless otherwise stipulated.

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22
Q

Jury instructions and verdict.

A

Must object before jury retires or waived for appeal. Verdict will NOT be set aside for inside juror prejudice.

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23
Q

Judgment as a matter of law (JMOL)

A

A reasonably jury wouldn’t have a legally sufficient evidentiary basis to find for nonmoving party. Evidence is viewed in light most favorable to nonmoving party

Raised by D after P’s case, or either party at close of evidence

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24
Q

Motions for a new trial

A

If:
- Error would’ve caused a different outcome
- Judge erroneously admitted/excluded evidence
- Improper conduct by party, W, lawyer, or jury
- Verdict is against clear weight of evidence

Must be filed within 28 days of entry of final judgment

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25
Final judgment
Only final judgements may be appealed
26
Interlocutory appeals
Order given before final judgement. Generally not appealable
27
Claim preclusion (res judicata)
1) identical parties of privity (legal or special relationship) 2) same transaction or occurrence (identical claims!) 3) judgement on the merits (once there's a final judgement you can't bring suit again)
28
Issue preclusion (collateral estoppel)
1) identical ISSUES 2) final judgment that depended on determination of that issue 3) issue necessary to judgement
29
defensive use of issue preclusion
Same P, new D. New D CAN use issue preclusion as defense
30
offense use of collateral estoppel
New P, same D. New P CANNOT use issue preclusion against same D.
31
Statutory Impleader
1) Nationwide service 2) Any 2 claimants can be diverse 3) $500+ at stake 4) must deposit $/prop in court or bond
32
Intervention as of Right
1) Interest in property/transaction 2) Interest is impaired 3) NO court permission is required
33
Rule Interpleader
1) NO nationwide service 2) Complete diversity bw claimant and all opponents 3) $75k+ req 4) not required to deposit $
34
Protective order
Stop discovery for embarrassment, harassment, undue burden
35
Statutory Impleader
1) Nationwide service 2) Any 2 claimants can be diverse 3) $500+ at stake 4) must deposit $/prop in court or bond
35
Intervention as of Right
1) Interest in property/transaction 2) Interest is impaired 3) NO court permission is required
35
Rule Interpleader
1) NO nationwide service 2) Complete diversity bw claimant and all opponents 3) $75k+ req 4) not required to deposit $
36
Protective order
Stop discovery for embarrassment, harassment, undue burden
37
Appeals
38
Statutory Impleader
1) Nationwide service 2) Any 2 claimants can be diverse 3) $500+ at stake 4) must deposit $/prop in court or bond
38
Intervention as of Right
1) Interest in property/transaction 2) Interest is impaired 3) NO court permission is required
39
Rule Interpleader
1) NO nationwide service 2) Complete diversity bw claimant and all opponents 3) $75k+ req 4) not required to deposit $
39
Protective order
Stop discovery for embarrassment, harassment, undue burden
40
Appeals
41
Appellate Court
Generally reviews issues of LAW, deference to trial court for facts
42
Appealing errors
Outcome would've been different. No appeal if error was harmless.
43
Statutory Impleader
1) Nationwide service 2) Any 2 claimants can be diverse 3) $500+ at stake 4) must deposit $/prop in court or bond
43
Intervention as of Right
1) Interest in property/transaction 2) Interest is impaired 3) NO court permission is required
43
Rule Interpleader
1) NO nationwide service 2) Complete diversity bw claimant and all opponents 3) $75k+ req 4) not required to deposit $
43
Protective order
Stop discovery for embarrassment, harassment, undue burden
44
Appeals
Must be filed within 30 days of judgment. Objections made at trial stating grounds. Waived if not preserved.
44
Appellate Court
Generally reviews issues of LAW, deference to trial court for facts
44
Appealing errors
Outcome would've been different. No appeal if error was harmless.
45
Statutory Impleader
1) Nationwide service 2) Any 2 claimants can be diverse 3) $500+ at stake 4) must deposit $/prop in court or bond
45
Intervention as of Right
1) Interest in property/transaction 2) Interest is impaired 3) NO court permission is required
46
Rule Interpleader
1) NO nationwide service 2) Complete diversity bw claimant and all opponents 3) $75k+ req 4) not required to deposit $
46
Protective order
Stop discovery for embarrassment, harassment, undue burden
46
Appeals
Must be filed within 30 days of judgment. Objections made at trial stating grounds. Waived if not preserved.
47
Appellate Court
Generally reviews issues of LAW, deference to trial court for facts
47
Appealing errors
Outcome would've been different. No appeal if error was harmless.
47
Can a party move for new trial if fact finder awarded an inadequate amount of damages?
Yes. If a fed court rules that the amt was inadequate it can order a new trial but can't impose an increase in amount of damages
48
Additur
P's request to increase jury award of inadequate damages. Never allowed in fed ct.
49
Statutory Impleader
1) Nationwide service 2) Any 2 claimants can be diverse 3) $500+ at stake 4) must deposit $/prop in court or bond
49
Rule Interpleader
1) NO nationwide service 2) Complete diversity bw claimant and all opponents 3) $75k+ req 4) not required to deposit $
49
Intervention as of Right
1) Interest in property/transaction 2) Interest is impaired 3) NO court permission is required
49
Protective order
Stop discovery for embarrassment, harassment, undue burden
49
Appellate Court
Generally reviews issues of LAW, deference to trial court for facts
49
Appeals
Must be filed within 30 days of judgment. Objections made at trial stating grounds. Waived if not preserved.
49
Appealing errors
Outcome would've been different. No appeal if error was harmless.
49
7th Amendment for fed civil cases
The Seventh Amendment right to a jury trial applies to federal civil cases when the amount in controversy exceeds 20 dollars and a party asserts a legal claim (i.e., a claim seeking a monetary remedy). However, this right does not apply when a party asserts an equitable claim (i.e., a claim seeking a nonmonetary remedy).
50
Two dismissal rule
Voluntary dismissal with prejudice if P: (1) voluntarily dismissed an action in fed or state court without a court order and (2) filed a notice of voluntary dismissal in a second action on same claim in fed court.
51
Common Q class action
If common qs of law or fact predominate over individual qs and a class action is the best method to fairly and efficiently adjudicate the dispute
52
Rule 11 sanctions
A party cannot file a motion for sanctions until 21 days after serving that motion on the alleged violator. This safe-harbor rule gives a violator time to correct the violation.
53
General verdict with special interrogatories
Jury decides which party prevails and provides answers to qs on each factual issue. If verdict and answers are inconsistent, judge must (1) order a new trial, (2) direct jury to further consider its answers and verdict, or (3) enter a judgment consistent with the answers.
54
Involuntary dismissal
Generally with prejudice, precludes the P from suing same D on same claim in the future. BUT, an involuntary dismissal based on lack of jurisdiction, improper venue, or failure to join a required party is without prejudice.
55
Service of Process
P must provide the D with adequate notice of a lawsuit through service of process.
56
Waive service of Process
If a P requests D waive service of process, P must give D at least 30 days to return waiver. If D timely waives service, then he doesn't have to serve an answer to complaint until 60 days after request was sent.
57
General Verdict
58
Standards an appellate court reviews trial judge's decision under:
1) de novo - judge's conclusions of law will be reversed if ct reasonably believes judge misinterpreted law 2) clear error - jugde's findings of fact will be reversed only if clearly erroneous
59
Statutory Impleader
1) Nationwide service 2) Any 2 claimants can be diverse 3) $500+ at stake 4) must deposit $/prop in court or bond
59
Intervention as of Right
1) Interest in property/transaction 2) Interest is impaired 3) NO court permission is required
59
Rule Interpleader
1) NO nationwide service 2) Complete diversity bw claimant and all opponents 3) $75k+ req 4) not required to deposit $
60
Protective order
Stop discovery for embarrassment, harassment, undue burden
60
Appeals
Must be filed within 30 days of judgment. Objections made at trial stating grounds. Waived if not preserved.
60
Appellate Court
Generally reviews issues of LAW, deference to trial court for facts
61
Appealing errors
Outcome would've been different. No appeal if error was harmless.
61
7th Amendment for fed civil cases
7th Amendment right to a jury trial applies to federal civil cases when the amount in controversy exceeds $20 and a party asserts a legal claim (i.e., a claim seeking a monetary remedy). BUT, right does not apply when a party asserts an equitable claim (i.e., a claim seeking a nonmonetary remedy).
61
Rule 11 sanctions
A party cannot file a motion for sanctions until 21 days after serving that motion on the alleged violator. This safe-harbor rule gives a violator time to correct the violation.
61
Involuntary dismissal
Generally with prejudice, precludes the P from suing same D on same claim in the future. BUT, an involuntary dismissal based on lack of jurisdiction, improper venue, or failure to join a required party is without prejudice.
62
Service of Process
P must provide the D with adequate notice of a lawsuit through service of process.
62
Waive service of Process
If a P requests D waive service of process, P must give D at least 30 days to return waiver. If D timely waives service, then he doesn't have to serve an answer to complaint until 60 days after request was sent.
62
Standards an appellate court reviews trial judge's decision under:
1) de novo - judge's conclusions of law will be reversed if ct reasonably believes judge misinterpreted law 2) clear error - jugde's findings of fact will be reversed only if clearly erroneous
63
Two dismissal rule
Voluntary dismissal with prejudice if P: (1) voluntarily dismissed action in fed or state court without a court order and (2) filed a notice of voluntary dismissal in a second action on same claim in fed court.
63
Common Q class action
If common qs of law or fact predominate over individual qs and a class action is the best method to fairly and efficiently adjudicate the dispute
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CIV PRO (6 decks)

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